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The Secretary of State makes the following Regulations in exercise of the powers conferred by section 1 of the Police Pensions Act 1976[1]. In accordance with section 1(1) of that Act, the Treasury[2] has consented to the making of these Regulations and the Secretary of State has consulted with the Police Negotiating Board for the United Kingdom. Citation, commencement and extent 1. —(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 2006. (2) These Regulations come into force on 5th April 2006 but, except for paragraph 8 of Schedule 1, have effect from 5th December 2005[3]. (3) These Regulations extend to England and Wales only. Amendment of the Police Pensions Regulations 1987 2. The Police Pensions Regulations 1987[4] are amended in accordance with Schedule 1 to these Regulations. Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991 3. The Police Pensions (Additional Voluntary Contributions) Regulations 1991[5] are amended in accordance with Schedule 2 to these Regulations. Hazel Blears Minister of State Home Office 13th March 2006 We consent to the making of this Order Dave Watts Vernon Coaker Two of the Lords Commissioners of Her Majesty's Treasury 14th March 2006 1. In regulation B9 (allocation)—
(ii) after "spouse by that marriage" insert "or civil partner by that civil partnership";
(b) in paragraph (3)—
(ii) after "spouse by that marriage" insert "or civil partner by that civil partnership";
(c) in paragraph (5)(b)—
(ii) after "spouse by that marriage" insert "or civil partner by that civil partnership"; (iii) after "intended marriage" insert "or the intended formation of his civil partnership";
(d) in paragraph (6)(b)—
(ii) after "date of the marriage" insert "or of the formation of the civil partnership".
2.
In regulation C5 (limitation on award to widow with reference to date of marriage and pension in case of post-retirement marriage), after the words "married to her husband", in both places where they appear, insert "or, as the case may be, had formed a civil partnership with her civil partner".
(1) Where a widow entitled to a pension under this Part was widowed before 5th December 2005 or was widowed after that date but her husband had ceased to serve as a member of a police force by that date, and—
(b) forms or has formed a civil partnership, or (c) with a person to whom she is not married lives together as husband and wife,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership or after her cohabitation begins.
(b) forms or has formed a new civil partnership, or (c) with a person who is not her civil partner lives together as if they were civil partners,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage, or after the formation of her civil partnership, or after her cohabitation begins.
(b) remarries or has remarried, (c) forms or has formed a civil partnership or new civil partnership, (d) with a person to whom she is not married lives together as husband and wife, or (e) with a person who is not her civil partner lives together as if they were civil partners,
she shall not be entitled to receive any payment on account of the pension in respect of any period after her marriage or remarriage, or after the formation of her civil partnership, or after her cohabitation begins.
(b) forms or has formed a civil partnership, or (c) with a person to whom she is not married lives together as husband and wife,
so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
(b) forms or has formed a new civil partnership, or (c) with a person who is not her civil partner lives together as if they were civil partners,
so much of the gratuity as has not been paid before her marriage or remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
(b) remarries or has remarried, (c) forms or has formed a civil partnership or new civil partnership, (d) with a person to whom she is not married lives together as husband and wife, or (e) with a person who is not her civil partner lives together as if they were civil partners,
so much of the gratuity as has not been paid before her remarriage or the formation of her civil partnership or the beginning of her cohabitation shall not be payable thereafter.
4.
In regulation C10 (pension debit members) after "spouse" insert "or civil partner".
(b) for paragraph (1)(b) substitute the following sub-paragraph—
(ii) to the child of a civil partner whose civil partnership with the relevant parent was formed on or after the relevant date;";
(c) after paragraph (1) insert the following paragraph—
(b) who has been adopted by two persons who have formed a civil partnership."
6.
In regulation E1(1) (adult dependent relative's special pension), after sub-paragraph (c) insert the following—
(d) where the member was a woman in a civil partnership whose civil partner was permanently disabled at the time the member died, to the surviving civil partner,".
7.
In regulation E4(4) (gratuity in lieu of widow's pension) for "provisions of Regulation C9 relating to the termination of a widow's award on remarriage" substitute "provisions of Regulations C9 and C9A relating to the termination of a widow's or civil partner's award on remarriage or the formation of a new civil partnership".
(b) after paragraph (6) insert the following paragraphs—
(8) Where, following a notice of cancellation under paragraph (5), an election under paragraph (1) would, but for this paragraph, cease to have effect as from a date after 5th April 2006, that election shall cease to have effect as from 5th April 2006."
9.
In regulation G6 (payment by women to enhance widowers' awards)—
(b) after paragraph (1) insert the following paragraph—
(e) in the case of a woman by whom contributions are payable under regulation G2 on or before the date on which the Police Pensions (Amendment) Regulations 2006 come into force who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her widower's or surviving civil partner's award), the date on which those Regulations come into force, or (f) in the case of a woman by whom contributions become payable under regulation G2 after the date on which the Police Pensions (Amendment) Regulations 2006 come into force who elects to secure the counting of pensionable service after 5th April 1988 and before 17th May 1990 (not being service which is already the subject of an election to enhance her widower's or surviving civil partner's award), the date on which those contributions become payable.";
(d) in paragraph (4A) for "paragraph (3)(c) or (d)" substitute "paragraph (3)(c), (d), (e) or (f)";
10.
In regulation J1 (policeman with a guaranteed minimum for the purposes of the Social Security Pensions Act 1975)—
(b) in paragraph (4)(b) after "as husband and wife" insert "or during which she lives with another woman as if they were civil partners"; (c) in paragraph (4A) after "remarries or has remarried" insert "or forms a civil partnership"; (d) in paragraph (4A)(b) after "as husband and wife" insert "or during which he lives with another man as if they were civil partners"; (e) after paragraph (4A) insert the following paragraph—
(b) in respect of any period before he attains the age of 65 years during which he and another person to whom he is not married and with whom he has not formed a civil partnership are living together as husband and wife or as if they were civil partners.";
(f) after paragraph (5A) insert the following paragraph—
11.
In regulation L3(5) (payment and duration of awards)–
(b) after "remarriage" insert "or civil partnership".
12.
In regulation M4 (death grants where pension credit member dies before pension credit payments payable), after "spouse", in each place where it appears, insert "or civil partner".
(b) for the definition of "husband" substitute—
14.
In Schedule C (widows' awards)—
(b) after paragraph 1(2A) of Part I insert the following sub-paragraphs—
(b) sub-paragraph (1)(b) would, but for this sub-paragraph, have effect with the substitution for "5th April 1978" of a date before 6th April 1988, then that sub-paragraph shall have effect with the substitution for "5th April 1978" of "5th April 1988".
(2C) Where a pension becomes payable under regulation C1 to the surviving civil partner of a male police officer—
(b) sub-paragraph (1)(b) has effect with the substitution for "5th April 1978" of "5th April 1988".";
(c) in paragraph 3 of Part I, after the words "a man" insert "or a surviving civil partner of a woman";
(1C) Where a pension becomes payable under regulation C4 to the surviving civil partner of a male police officer, the amount of the deceased's deferred pension shall for the purposes of sub-paragraph (1) be taken to be what it would be if account were taken only of pensionable service after 5th April 1988.";
(g) in paragraph 4 of Part IV, for "man" substitute "widower or to the surviving civil partner of a female police officer"; (h) after paragraph 4 of Part IV insert the following paragraphs—
6. Where a pension becomes payable under regulation C5(3) to the surviving civil partner of a male police officer, paragraphs 2(a)(ii) and 3 above have effect with the substitution for "5th April 1978" of "5th April 1988".";
(b) where the pension is payable to the surviving civil partner of a male police officer this paragraph has effect with the substitution for "5th April 1978" of "5th April 1988".";
(j) after paragraph 1 of Part V, insert the following paragraph—
15.
In Schedule E (awards on death – additional provisions)—
(ii) after "widower" insert "or surviving civil partner";
(b) in paragraph 2(b) after "married woman" insert "or a woman in a civil partnership".
1. In regulation 15(2) (payment by police authority) after the words "widow or widower", in both places where they appear, insert "or surviving civil partner". 2. In Schedule 1A (pension sharing), in paragraph 1(7)(a) after "spouse" insert "or civil partner". (This note is not part of the Regulations) These Regulations amend the Police Pensions Regulations 1987 and the Police Pensions (Additional Voluntary Contributions) Regulations 1991. The amendments ensure parity of treatment between police officers who form civil partnerships and those who marry, and restrict the ability of a police officer who has opted out of the police pension scheme to opt back into it. In particular, these Regulations make amendments consequent on the coming into force of the Civil Partnership Act 2004 with retrospective effect from 5th December 2005, which is the date on which the substantive provisions of that Act came into effect. Provisions which apply to married couples are amended so as to apply to couples who form a civil partnership. These Regulations also amend regulation G6 of the Police Pensions Regulations 1987 so as to enable payments to be made by women members to enhance widowers' and surviving civil partners' awards in cases where members with service before 17th May 1990 did not elect to make such payments under that regulation before because they related only to widowers' benefits. Following the amendment such elections may be made within the period of 3 months beginning with the date on which these Regulations come into force if the woman's contributions became payable again on or before that date, or, if they became payable again on a later date, within the period of 3 months of that date. Paragraph 8 of Schedule 1 to these Regulations imposes a cut-off date of 5th April 2006 for cancelling elections not to pay pension contributions. This is because a new pension police pension scheme is to be introduced from 6th April 2006 and it is intended that any person who has previously made such an election but then wishes to reinstate themselves as a member of the police pension scheme should, from 6th April, join the new scheme. Notes: [1] 1976 c. 35. Section 1 is amended by section 2(3) of the Police Negotiating Board Act 1980 (c.10), paragraph 28 of Schedule 7 to the Police Act 1996 (c. 16) and section 1(1) of the Police and Firemen's Pensions Act 1997 (c. 52). Functions under the Act as regards Scotland are transferred by article 2 of and Schedule 1 to S.I. 1999/1750.back [2] Formerly the Minister for the Civil Service: see S.I. 1981/1670.back [3] This is the date on which the substantive provisions of the Civil Partnership Act 2004 came into force. Retrospective effect is permitted by section 1(5) of the Police Pensions Act 1976.back [4] S.I. 1987/ 257; relevant amendments were made by S.I. 1990/805; 1992/2349; 1994/641; 1997/2852; 2002/3202; 2003/27; 2004/2354 and 2005/1439.back [5] S.I. 1991/1304 as amended by S.I. 2002/3202.back
ISBN 0 11 074309 1
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